New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-23
NO BAIL YET FOR FRANCKLYN.
HE WILL HAVE TO SPEND SUNDAY IN JAIL.
SUIT BROUGHT AGAINST THE HORN SILVER
NINE DIRECTORS.


MINE DIRECTORS
Charles c. Francklyn, who Is under arrest in a suit
Drought against him by his cousin Sir Bsche Cunard,
W recover SJ,OOOOOO had not the bearing Of happy
man when he appeared Warden Kcating's breakfast
tape yesterday morning. lie maintained his retlcence
Oh The previous day, and seemed like man who had
passed an unrcsfu night Ills troubles had evidently
made way with his api cttc. Ills melancholy as
markell While he waited for the shcrrs officers to
Tor him, as on Friday. Arer breakfast, Mr. Franck-
Hh was visited by his wife, sma-slzed lady, neatly
dressed In a brown 81 gown and wearing a tasteful
bonnet and veil Of the color. Her Visit seemed to
have litlc effect In raising the spirits Of the prisoner
Afcr an hou, spent with her husband Mrs.
Francklyn left the jail.
AT little before II ocock Orler Of Arrest Clerk
EcnaId Martin and Deputy Shcrins Young and wash
arrived with order from the Sheriff directed to the
warden and they soon hGl Mr.. FIancklyn in a cab on
his way downtown.
FRANCKLYN TALKS WITH HIS LAWYERS.
In OF the rooms OF his counsel Butler. sllman Il
Hubbard at No 81 Wast Francklyn spent the greater
part OF the afternoon in conversation with John hoffman,
the lawyer OF the firm who has special charge OF his
Deputy sheriff Young occupied seat the haopen
door, where he could keep eye the prisoner.
The majesty OF the law further represented by Order
OF Arrest Clerk Martin and Deputy tyShsriG Walsh who
had In the where they, too, could stay
any attempt at flight.
1t has been given out by his counsel that many wealthy
have called on Mr. Francklyn since his arrest and
pronered their services but notwithstanding all this Mr..
FraHcklyn did not succeed yesterday in furnishing the
$500 900 bail which Judge Donohue requires before no
lie allowed TO around, pending the trial OF the
suit against him, free from the attentions OF deputy
sherns
Mr. hoffman said that the failure obtain bail due
the fact the shcrhs office closed at lle
had doubt however. that bail would he forthcoming
Monday morning. when in all probability Mr. Franck
nj. int .inat
him. accusing him OF fraud and tho wrongful conversion
OF his cousins money will be ready. order Of Arrest
Clerk Martin said that he would not under eircum
accept bail for his prisoner Sunday so Mr.
Frsnckyn will have TO pass sunday night also In Ludlow
Street Jail.
Mr. simonds, OF Whitlock x smonds, Sir Bache
Cunard's counsel thought that until Mr.. Francsyn's
answer had been fled there would be nothing further
10 say about Sir Bachc Cunard's case. Bache McE
Wntock the senior member OF the firm, Is also first
cousin OF sir Bache though no blood relation Of Mr.
Francslyn; the litigation is a family affair all
around.
THE SUIT AGAINST THE MINING COMPANY
II Mr. Francklyn feels happy ana confident as his
counsel say he does Mr. Francgyn must be possessed OF
the genial spirit Of Mark Iapley, for the longstandng
trouble between himself and certain stockholders OF
the Horn silver Mining Company IL also to be
brought issue in the courts stockholder David
Ftiedlander OF No % Ispcnard ~, has brought suit
against the company have it placed in the hands OF
a receiver. Tie is made against all the officers
Of tho company the obec OF to get Mr. Francs
yn for the sGis OO0 moro or less which, 1t Is
alleged he has borrowed from the companys treasury.
has to ne made before Judge Donohue
October - Royal : Crane, or 40 20 broad ST. l-
the the dissatisfied stockhpldcr The papers
in tue served Mr. Fr~neklyn rs president
io the companv and he turned them over 10 the COM
panrs lawyers Mr.sr, Davies. COLO RApelo.
At the Office OF the Horn silver Mining company INC
policy OF silence which was followed on Frday. was
continued. The secretary said that tue companys lev"
yers had iiy-n directions that nothing should be sd
the lie took npon himself however I" "ut
that the papers which had been pepArei az the nomnal
inyes isatiou OF Nr fueilanicr contained numerous
blu dors. Even the names Of the officers o tue company
sere not belng correctly stated But he did not know
these would IN any way upset the complaint
WHAT 1HE SILVER HORNS COUNSEL SAYS
Edward Lyman snort, OF the hrm OF Davies Cole Il
apao attorneys for the Horn silver Mining Company,
said last night Fricllandor sut had been brought
.gain, Charles 9. IrtncklJn. Frank = Brown William
T. Van pet and william : Hoyt. 10 "a individually and
president vice pre.ieu secretary and treasurer
OF tho conplny The sni was Tor the recovery oi '2Me
thtng +GOo.OoO. wnch u was claimed had been
loaned 10 charles O. fr nralyn wihodt other security
than mortgage on lop.ppp acre. ~ wd ianl ia krn
tucAy which. tnc p!li 20 aVrrrel wts Faln"ir.- VT.
short sli that the papers we're s'ry" yesterday, hli
that Fr~Ilander ,cOmplurt Wa, ITorn To pn september
-. i~~T. Just prbr tO the annual NEE ihg
." we -, % s,r ihc ,r"o, nfIn.nt nf a re-.
ceyer for au injunction rc,ranin the dofendans from
d.nn-lng oi property or paying ont money tud ihdt
rranckyn bo required drpo,t the sum OF 100000 Is
red rule 10 - .rrveI upon tho defend ants To show
cause why the planfi- dcmIn Is should not be granted,
Mr Cranc. atiorr ey for Mr. Frcdandsr said yesterday
that facts set forth IN the hu Dut th"t
funds. The iiilc 10 thcsc Iuh.' .t ,' to
COMPANY and In the suf not Ouy FrauckTn nv an INC
mi-appropriation Of the money wore hell iHdivdn1Iy
ponsihc meeting OF the dissatisfied directors TO
decide on further action viii be called soon